These Terms and Conditions (“Agreement”) govern access to and use of DigiSign Signature and Services, including by an individual or any entity (and its employees, agents, and contractors) on whose behalf you, the Subscriber, accept these terms.
If you do not agree to this agreement, you must not accept the agreement and you are not permitted to use DigiSign’s services. If you are entering into this agreement on behalf of a company or other legal entity you represent that you have the authority to bind that company or entity. If you do not have such authority, you must not accept this agreement and you are not permitted to use DigiSign’s services.
We may modify this Agreement or any additional terms, which are relevant to a particular product or service, to reflect changes in the law or to DigiSign’s Services.
1. DEFINITIONS
“Account” means a unique account established by Subscriber to gain access to and use DigiSign Services and, where applicable, to enable its Authorized Users to access and use DigiSign Services.
“Authorized User” means any single employee or agent of Subscriber, identified by a unique email address and user name, who is registered under the Account, provided that no two persons may register or use DigiSign Services as the same Authorized User.
“DigiSign Services” means DigiSign’s on-demand electronic signature service, which provides online display, certified delivery, acknowledgement, electronic signature, and storage services for documents via the Internet.
“Document” refers to a contract, notice, disclosure, or other record or document deposited into the System by Subscriber for processing using DigiSign Services.
“Signature Request” means an electronic record containing one or more Documents consisting of a single page or a group of pages of data uploaded to the System.
“Subscriber” means the individual or entity that purchases a Subscription, creates an Account, accepts this Agreement (whether on behalf of itself or a legal entity) and ensures that Authorized Users comply with this Agreement. Subscribers may be referred to in this Agreement as “you” and “your” may be used to describe rights or duties associated with Subscriber.
“Subscription Package” means the various packages that can be purchased on the Site or from an authorized DigiSign reseller or partner. Purchase of a Subscription Package grants Subscriber the right to access and use DigiSign Services for a specified period, subject to this Agreement and in exchange for Subscriber’s payment of fee. Each Subscription Package has restrictions and requirements that outline the DigiSign Service features that Subscriber will be able to access.
“Site” means digisign.space or a DigiSign affiliate web page offering a Subscription Package.
“System” refers to the software systems and programs, the communication and network facilities, and the hardware and equipment used by DigiSign or its agents to provide DigiSign Services.
“Term of Agreement” means the period of effectiveness of this Agreement, as specified in Section 8 below.
“Term of Subscription” means the period of effectiveness of the Subscription Package, as specified in Section 8 below.
“Transaction Data” means the metadata associated with an Signature Request (such as transaction history, hash value, method and time of request deletion, sender and recipient names, email addresses and signature IDs) and maintained by DigiSign in order to establish the digital audit trail required by DigiSign Services.
3. DigiSign Services
3.1 During the Term of Subscription and subject to this Agreement, Subscriber will have the right to register for an Account and, where applicable, register Authorized Users, who may access and use DigiSign Services. The right to use DigiSign Services is limited to the Subscriber and its Authorized Users, and Subscriber may not resell or otherwise provide or assist with the provision of DigiSign Services for the benefit of another party or as part of a service Subscriber offers to any third party or as a sublicensed arrangement.
3.2 DigiSign will provide customer support to Subscriber in accordance with the package that is specified in the Subscription Package selected by Subscriber, and that is further detailed on the Site.
4. SUBSCRIBER RESPONSIBILITIES
4.1 DigiSign’s provision of DigiSign Services is conditioned on Subscriber’s acknowledgement of and agreement to the following:
(i) Subscriber will ensure that any Authorized User associated with its Account will comply with the relevant terms of this Agreement, including, but without limitation, Sections 4, 5, 6, and 9.2;
(ii) DigiSign Services are accessed and delivered via the internet. Subscriber is responsible for obtaining the necessary equipment and internet connection in order to access and use DigiSign Services. In order to fully utilize DigiSign Services, Subscriber will need to maintain certain minimum hardware and software requirements. These requirements are set forth in the Specifications;
(iii) DigiSign Services facilitates the execution of document signing between different parties. Nothing in this Agreement may be construed to make DigiSign a party to any document processed through DigiSign Services, and DigiSign makes no representation or warranty regarding the transactions sought to be effected by any contract;
(iv) Between DigiSign and Subscriber, Subscriber has exclusive control over and responsibility for the content, quality, and format of any document. All document stored by DigiSign on the System are maintained in an encrypted form, and DigiSign has no control of or access to their contents;
(vii) DigiSign is not responsible for determining how long any contracts, documents, and other records are required to be retained or stored under any applicable laws, regulations, or legal or administrative agency processes. Further, DigiSign is not responsible for or liable to produce any of Subscriber’s contracts or other documents to any third parties;
(viii) Between Subscriber and DigiSign, Subscriber is solely responsible for the nature and content of all materials, works, data, statements, and other visual, graphical, video, and written or audible communications submitted by any Authorized User or otherwise processed through its Account, DigiSign Services, or under any Order Form;
(ix) Certain consumer protection or similar laws or regulations may impose special requirements with respect to electronic transactions involving one or more “consumers,” such as (among others) requirements that the consumer consent to the method of contracting and/or that the consumer be provided with a copy, or access to a copy, of a paper or other non-electronic, written record of the transaction. DigiSign does not and is not responsible to: (a) determine whether any particular transaction involves a “consumer;” (b) furnish or obtain any such consents or determine if any such consents have been withdrawn; (c) provide any information or disclosures in connection with any attempt to obtain any such consents; (d) provide legal review of, or update or correct any information or disclosures currently or previously given; (e) provide any such copies or access, except as expressly provided in the Specifications for all transactions, consumer or otherwise; or (f) otherwise to comply with any such special requirements; and
(x) Subscriber shall determine whether a “consumer” is involved in any contract presented by its Authorized Users for processing, and, if so, comply with all requirements imposed by law on such contracts or their formation.
4.2 Subscriber may use DigiSign Services only for lawful purposes and solely in accordance with this Agreement and subject to DigiSign’s other terms of use, Privacy Policy, rules or policies that may be applicable to DigiSign Services. Subscriber may not store, transmit, upload or share through DigiSign Services any materials or otherwise engage in any conduct that:
(i) violates or infringes upon the intellectual property rights or the privacy or publicity rights of any person or entity or that may otherwise be unlawful or give rise to civil or criminal liability;
(ii) involves uploading, posting, emailing, transmitting or otherwise making available content or data that Subscriber does not have the right to make available under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements, etc.);
(iii) involves sending unsolicited mass mailings outside its organization. The term “unsolicited mass mailings” includes all statutory or common definitions or understanding of those terms in the applicable jurisdiction, such as those set forth for “Commercial Electronic Mail Messages” under the U.S. CAN-SPAM Act, as an example only;
(iv) is intended to or is likely to damage, disable, overburden, or impair the System or DigiSign Services or otherwise interfere with the use or enjoyment of DigiSign Services by others, including, but not limited to materials that contain viruses or any other computer code, files or programs that interrupt, impair, destroy or otherwise limit in any way the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
(v) involves monitoring of performance, functionality or availability of DigiSign Services or engaging in any other benchmarking or competitive analysis purposes;
(vi) violates this Agreement or any other terms of use, rules or policies applicable to the DigiSign Services; or
(vii) in any way that constitutes or encourages conduct that could constitute a criminal offense.
4.3 DigiSign does not monitor the content processed through DigiSign Services, but, in accordance with the Digital Millennium Copyright Act (DMCA), we respond to notices of copyright infringement and may suspend or terminate use of DigiSign Services in appropriate circumstances. DigiSign will use commercially reasonable efforts to notify Subscriber prior to any such suspension or disablement, unless DigiSign reasonably believes that:
(i) it is prohibited from doing so under applicable law or under legal process, such as court or government administrative agency processes, orders, mandates, and the like; or
(ii) it is necessary to delay notice in order to prevent imminent harm to the System, DigiSign Services, or a third party. Under circumstances where notice is delayed, DigiSign will provide the notice if and when the related restrictions in the previous sentence no longer apply.
5. OWNERSHIP
5.1 DigiSign owns various intellectual property and technology rights associated with DigiSign Services, its document management, digital signature and notary system. Subscriber’s rights with respect to the foregoing are limited to the rights to use DigiSign Services that are granted under this Agreement for the purposes contemplated by this Agreement, and no other. DigiSign does not transfer to Subscriber, or any Authorized User or other third party, any of DigiSign’s technology or other intellectual property rights. All right, title, and interest in and to DigiSign’s technology and intellectual property, whether patent, copyright, trade secret, trademark, service mark or moral rights, remain solely with DigiSign at all times. Subscriber will not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or other trade secrets from or about DigiSign Services or other DigiSign technologies.
5.2 DigiSign hereby grants to users and licensees of its products and services a limited, revocable, nonexclusive and nontransferable right to use DigiSign’s regular trade names, trademarks, titles and logos (“Licensed Marks”) solely for purposes of identifying DigiSign’s products and services, as long as the Licensed Marks are used strictly in compliance with DigiSign’s trademark license terms and conditions.
5.3 Data and information owned by Subscriber that is processed using DigiSign Services is and will remain, as between Subscriber and DigiSign, owned by Subscriber.
5.4 Subscriber hereby assigns to DigiSign all right, title, and interest in and to any recommendations, suggestions, enhancement requests or other feedback provided by Subscriber to DigiSign concerning DigiSign products and/or the Services (“Feedback”), and DigiSign is free to make unrestricted use of the Feedback without any necessity of payment to Subscriber. Subscriber also agrees that it will not publish, submit, or display feedback submitted by Subscriber or its Authorized Users to or on any other web site or in any other publicly accessible forum without DigiSign’s prior written consent.
6. DOCUMENT STORAGE AND DELETION
DigiSign will send and store documents per the terms of the Subscription Package, provided that the number of document sent or stored are not, in DigiSign’s sole discretion, abusive or unduly burdensome (or both). Subscriber may retrieve and store copies of documents for storage outside of the System at any time during the Term of the Subscription when Subscriber is in good financial standing under this Agreement, and may delete or purge documents from the System at its own discretion. DigiSign may, at its sole discretion, delete an uncompleted documents from the System immediately and without notice upon earlier of: (a) expiration of the Signature Request (where Subscriber has established an expiration for such request, not to exceed 365 days); or (b) expiration of the Term of Subscription. DigiSign may delete an Account and materials associated with an Account, including documents, upon the expiration of the Term of Subscription or termination as described in Section 8. DigiSign assumes no liability or responsibility for a party’s failure or inability to electronically sign any document within such a period of time. DigiSign may retain Transaction Data for as long as it has a business purpose to do so.
7. FEES AND PAYMENT TERMS
7.1 The prices, features, and options of DigiSign Services depend on the Subscription Packages purchased by Subscriber as well as any changes instigated by Subscriber. You may also purchase optional services on a periodic or per-use basis. DigiSign may change the prices for or alter the features and options in a particular Subscription Package without notice.
7.2 You will timely pay DigiSign all fees associated with your Subscription Package, Account or use of DigiSign Services, including, but without limitation, by Authorized Users. Your payments are non-refundable.
7.3 When you register for an Account, you must provide accurate and complete information for a valid credit card that you are authorized to use. You must promptly notify us of any change in your invoicing address and must update your Account with any changes related to the credit card used for payment. By completing your registration for the Subscription Plan, you authorize DigiSign or its agent to charge your credit card on a recurring (e.g. monthly or yearly) basis (“Authorization”) for (a) the applicable Subscription Package charges; (b) any and all applicable taxes; and (c) any other charges incurred in connection with your use of DigiSign Services. The Authorization continues through your Term of Subscription and any Renewal Term (as defined in Section 8.2, below) until you cancel as set forth in Section 8 of this Agreement.
7.4 If DigiSign does not receive payment, you agree to pay all amounts due upon demand. You will reimburse any costs or expenses (including, but not limited to, reasonable attorneys’ fees) incurred by DigiSign to collect any amount that is not paid when due.
7.5 DigiSign will provide an invoice in a format we choose, which may change from time to time. DigiSign reserves the right to correct any errors or mistakes that it identifies even if it has already issued an invoice or received payment. You agree to notify us about any billing problems or discrepancies within 30 days after they first appear on your invoice. If you do not bring such problems/discrepancies to our attention within 30 days, you agree to waive your right to dispute such problems or discrepancies.
7.6 Billing cycle end dates may change from time to time. When a billing cycle covers less than or more than a full month, we may make reasonable adjustments and/or prorations. You agree that we may (at our option) accumulate charges incurred during a billing cycle and submit them as one or more aggregate charges during or at the end of a cycle, and that we may delay obtaining authorization or payment from your credit card issuer until submission of the accumulated charge(s).
7.7 You may receive or be eligible for certain pricing structures, discounts, features, promotions, and other benefits (collectively, “Benefits”) through a business or government Subscriber’s agreement with us (a “Business Agreement”). Any and all such Benefits are provided to you solely as a result of the corresponding Business Agreement and such Benefits may be modified or terminated without notice. If you use DigiSign Services where a business or government entity pays your charges or is otherwise liable for the charges, you authorize us to share your account information with that entity and/or its authorized agents. If you are enrolled in a Subscription Package or receive certain Benefits tied to a Business Agreement with us, but you are liable for your own charges, then you authorize us to share enough account information with that entity and its authorized agents to verify your continuing eligibility for those Benefits and the Subscription Plan.
7.8 Other than income taxes imposed on DigiSign, Subscriber will bear all taxes, duties, VAT and all other governmental charges (collectively, “taxes”) resulting from this Agreement or transactions conducted in relation to this Agreement or DigiSign Services.
8. TERM AND TERMINATION
8.1 Term of Agreement. The term of this Agreement begins on the date you accept it and continues until your Subscription Package expires or your use of DigiSign Services ceases, whichever is later.
8.2 Term of Subscription & Automatic Renewals. Our Subscription Packages can automatically renew unless they specify otherwise. If you purchase a Subscription Package it will automatically renew, unless: (a) you terminate your Account; (b) you set your Account to not auto renew; or (c) DigiSign declines to renew your Subscription Plan. Each renewal period is a “Renewal Term”. You authorize us to collect the then-applicable fees and any taxes for a Renewal Term. Subscription Package fees and features may change over time and we may recommend a new Subscription Package that is comparable to your old plan.
8.3 Termination by Subscriber. You may terminate your Account at any time upon 10 days advance written notice to DigiSign. If you wish to terminate, please provide notice by using DigiSign’s contact support page. Section 7.2 notwithstanding, if you terminate your annual Subscription Package within the first 30 days of the Term of Subscription, you may submit a written request to DigiSign for a refund of the fees paid by you to DigiSign. DigiSign has no obligation to consider refund requests related to a termination of an annual Subscription Plan that does not occur in the first 30 days of the relevant annual Subscription Plan.
8.4 Default; Termination by DigiSign. You will be in default of this Agreement if: (a) you fail to timely pay any amount owed to us or an affiliate of ours; (b) you or an Authorized User associated with your Account breach any provision of this Agreement or violate any policy applicable to DigiSign Services; (c) you are subject to any proceeding under the Bankruptcy Code or similar laws; or (d) if, in our sole discretion, we believe that continued use of DigiSign Services by you creates legal risk for DigiSign or presents a threat to the security of DigiSign Services or Subscribers. If you are in default, we may, without notice to you: (a) suspend your Account and use of DigiSign Services; (b) withhold refunds and terminate your Account; (c) charge reactivation fees in order to reactivate your Account; or (d) pursue any other remedy available to us.
8.5 Effect of Termination. If this Agreement expires or is terminated for any reason: (a) Subscriber will pay to DigiSign any amounts that have accrued before, and remain unpaid, as of the date of the termination or expiration, including those for the billing cycle in which termination occurs; (b) any and all liabilities of Subscriber to DigiSign that have accrued before the effective date of the termination will survive; (c) licenses and use rights granted to Subscriber with respect to DigiSign Services and intellectual property will immediately terminate; (d) DigiSign’s obligation to provide any further services to Subscriber under this Agreement will immediately terminate; and (e) the parties’ rights and obligations under Sections 9.3, and 10 through 13 will survive.
9. WARRANTIES AND DISCLAIMERS
9.1 DigiSign Warranties. DigiSign warrants that: (a) DigiSign Services as delivered to Subscriber and used in accordance with the Specifications will not infringe on any United States patent, copyright or trade secret; (b) DigiSign Services will perform materially in accordance with the Specifications in their then-current form at the time of the provision of such DigiSign Services; (c) the proper use of DigiSign Services by Subscriber in accordance with the Specifications and applicable law in the formation of an eContract not involving any consumer will be sufficient under the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§ 7001 et seq. (the “ESIGN Act”) to support the validity of such formation, to the extent provided in the ESIGN Act; (d) the proper use of DigiSign Services by Subscriber in accordance with the Specifications and applicable law in the formation of an eContract involving a consumer will be sufficient under the ESIGN Act to support the validity of such formation, to the extent provided in the ESIGN Act, so long as and provided that Subscriber complies with all special requirements for consumer eContracts, including and subject to those referenced in Section 4.2(vi) and (vii) above.
9.2 Subscriber Warranties. You hereby represent and warrant to DigiSign that: (a) you have all requisite rights and authority to use DigiSign Services under this Agreement and to grant all applicable rights herein; (b) the performance of your obligations under this Agreement will not violate, conflict with, or result in a default under any other agreement, including confidentiality agreements between you and third parties; (c) you are responsible for all use of DigiSign Services associated with your Account; (d) you are solely responsible for maintaining the confidentiality of your Account names and password(s); (e) you agree to immediately notify us of any unauthorized use of your Account of which you become aware; (f) you agree that DigiSign will not be liable for any losses incurred as a result of a third party’s use of your Account, regardless of whether such use is with or without your knowledge and consent; (g) you will use DigiSign Services for lawful purposes only and subject to this Agreement; (h) you will not store, transmit, upload, or share content through DigiSign Services that contains viruses or any other computer code, files or programs that interrupt, impair, destroy or otherwise limit in any way the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network; (i) you will not use DigiSign Services in any manner that could damage, disable, overburden or impair the System, or interfere with another’s use of DigiSign Services by others; (j) any information you submit to DigiSign is true, accurate, and correct; and (k) you will not attempt to gain unauthorized access to the System or DigiSign Services, other accounts, computer systems, or networks under the control or responsibility of DigiSign through hacking, cracking, password mining, or any other unauthorized means.
9.3 Disclaimer. EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES EXPRESSLY PROVIDED IN THIS SECTION 9, DigiSign Services AND THE SITE ARE PROVIDED “AS IS,” AND DigiSign: (a) MAKES NO ADDITIONAL REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, AS TO ANY MATTER WHATSOEVER; (b) EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, AND TITLE; AND (c) DOES NOT WARRANT THAT DIGISIGN SERVICES OR SITE ARE OR WILL BE ERROR-FREE, WILL MEET SUBSCRIBER’S REQUIREMENTS, OR BE TIMELY OR SECURE. SUBSCRIBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THE USE OF DIGISIGN SERVICES OR SITE. SUBSCRIBER WILL NOT HAVE THE RIGHT TO MAKE OR PASS ON ANY REPRESENTATION OR WARRANTY ON BEHALF OF DIGISIGN TO ANY THIRD PARTY. USE OF DIGISIGN SERVICES AND SITE ARE AT YOUR SOLE RISK.
Because some states and jurisdictions do not allow limitations on implied warranties, the above limitation may not apply to you. In that event, such warranties are limited to the maximum extent permitted by, and for the minimum warranty period allowed by the mandatory applicable law.
10. SUBSCRIBER INDEMNIFICATION OBLIGATIONS Subscriber will defend, indemnify, and hold us, our affiliates, officers, directors, employees, suppliers, consultants, and agents harmless from any and all third party claims, liability, damages, and costs (including, but not limited to, attorneys’ fees) arising from or related to: (a) use of DigiSign Services by Subscriber or its Authorized Users; (b) violation of this Agreement by Subscriber or its Authorized Users; (c) infringement of any intellectual property or other right of any person or entity by Subscriber or its Authorized Users; or (d) the nature and content of all materials, works, data, statements, and other visual, graphical, written, or audible communications of any nature submitted by Subscriber or its Authorized Users.
12. CONFIDENTIALITY
12.1 “Confidential Information” means any trade secrets or other information of DigiSign or Subscriber, whether of a technical, business, or other nature (such as DigiSign’s software or Subscriber’s documents), that is disclosed to the other party (the “Recipient”) and that is marked “confidential,” or, whether or not marked, that a reasonable person would understand to be confidential given the circumstances of the disclosure. Confidential Information includes the terms and conditions of this Agreement, as well as pricing plans or discounts, and the features and functionality of DigiSign Services. Confidential Information does not include any information that: (a) was known to Recipient before receiving it from the disclosing party; (b) is independently developed by Recipient without use of or reference to any Confidential Information of the other party; (c) is acquired by Recipient from another source that did not receive it in confidence from the other party to this Agreement; or (d) is or becomes part of the public domain through no fault or action of Recipient.
12.2 Restricted Use and Nondisclosure. During and after the Term of Subscription, Recipient will: (a) use the Confidential Information of the other party solely for the purpose for which it is provided; (b) not disclose such Confidential Information to a third party, except on a need-to-know basis to its attorneys, auditors and consultants who are under confidentiality obligations at least as restrictive as contained herein; and (c) protect such Confidential Information from unauthorized use and disclosure to the same extent (but using no less than a reasonable degree of care) that it protects its own Confidential Information of a similar nature.
12.3 Required Disclosure. If Recipient is required by law to disclose Confidential Information of the other party or the terms of this Agreement, Recipient will give prompt written notice to the other party before making the disclosure, unless prohibited from doing so by the legal or administrative process, and assist the disclosing party to obtain where reasonably available an order protecting the Confidential Information from public disclosure.
12.4 Ownership. Recipient acknowledges that, as between the parties, all Confidential Information it receives from the disclosing party, including all copies thereof in Recipient’s possession or control, in any media, is proprietary to and exclusively owned by the disclosing party. Nothing in this Agreement grants Recipient any right, title or interest in or to any of the disclosing party’s Confidential Information. Recipient’s incorporation of the disclosing party’s Confidential Information into any of its own materials will not render Confidential Information non-confidential.
12.5 Remedies. Recipient acknowledges that any actual or threatened breach of this Section 12 may cause irreparable, non-monetary injury to the disclosing party, the extent of which may be difficult to ascertain. Accordingly, the disclosing party is entitled to (but not required to) seek injunctive relief in addition to all remedies available to the disclosing party at law and/or in equity, to prevent or mitigate any breaches of this Agreement or damages that may otherwise result from those breaches. Absent written consent of the disclosing party to the disclosure, the Recipient, in the case of a breach of this Section 12, has the burden of proving that the disclosing party’s Confidential Information is not, or is no longer, confidential or a trade secret and that the disclosure does not otherwise violate this Section 12.
13. GENERAL
13.1 Relationship. At all times, the parties are independent contractors, and are not the agents or representatives of the other. This Agreement is not intended to create a joint venture, partnership, or franchise relationship between the parties. Non-parties do not benefit from and cannot enforce this Agreement. There are no third party beneficiaries to this Agreement. Subscriber must not represent to anyone that Subscriber is an agent of DigiSign or is otherwise authorized to bind or commit DigiSign in any way without DigiSign’s prior authorization.
13.3 Third Party Content. We may provide, or third parties may provide, links to other web sites or resources that are beyond our control. We make no representations as to the quality, suitability, functionality, or legality of any sites to which links may be provided, and you hereby waive any claim you might have against us with respect to such sites. DIGISIGN IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WEB PAGES THAT ARE CONTAINED OUTSIDE THE SITE. Your correspondence or business dealings with, or participation in promotions of, advertisers or partners found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser or partner. You agree that we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or partners on the Site.
13.4 Assignability. Subscriber may not assign its rights or obligations under this Agreement without DigiSign’s prior written consent. If consent is given, this Agreement will bind Subscriber’s successors and assigns. Any attempt by Subscriber to transfer its rights, duties, or obligations under this Agreement except as expressly provided in this Agreement is void. DigiSign may freely assign its rights, duties, and obligations under this Agreement.
13.5 Notices. Except as otherwise permitted by this Agreement, any notice required or permitted to be given in accordance with this Agreement will be effective only if it is in writing and sent using: (a) DigiSign Services; (b) by certified or registered mail; or (c) insured courier, to the appropriate party at the address set forth in Subscriber’s registration information for Subscriber or on the Site for DigiSign, with a copy, in the case of DigiSign, to legal@digisign.spac. Either party may change its address for receipt of notice by notice to the other party through a notice provided in accordance with this Section 13. Notices are deemed given upon receipt if delivered using DigiSign Services, two business days following the date of mailing, or one business day following delivery to a courier.
13.6 Force Majeure. Except for any payment obligations, neither party will be liable for failure to perform any obligation under this Agreement to the extent such failure is caused by a force majeure event (including acts of God, natural disasters, war, civil disturbance, action by governmental entity, strike and other causes beyond the party’s reasonable control). The party affected by the force majeure event will provide notice to the other party within a commercially reasonable time and will use commercially reasonable efforts to resume performance as soon as practicable. Obligations not performed due to a force majeure event will be performed as soon as reasonably possible when the force majeure event concludes.